Easements provided in compliance with this section shall be
depicted graphically on all subdivision, land development and SWM
site plans. The provisions in Subsections C through F of this section
shall be stated in note form on all subdivision, land development
and SWM site plans.
A. Where a development site is traversed by federal or state-regulated
natural watercourses, drainage easements shall be provided conforming
to the alignment of the watercourse and the physical limits of any
associated features that are regulated. If the physical limits of
the regulated features are not known, then the width of the easement
shall be equal to the top width of the maximum anticipated flow in
the watercourse during a one-hundred-year design storm event or 20
feet, whichever is greater.
B. Access easements shall be provided around all stormwater management
facilities are required to provide ingress to and egress from a public
right-of-way. Access easements shall have a minimum width of 20 feet
and be centered on the facility (i.e., pipe, swale) to which access
is being provided. For storage, retention and infiltration facilities,
easements shall be provided conforming substantially to the size,
shape and configuration of each facility.
C. Where individual on-lot controls are proposed, the municipality shall
be granted access to inspect on-lot facilities in the event of a malfunction.
D. No person shall place any obstruction or encroachment in an easement
associated with a federal or state-regulated resource without prior
written authorization by the appropriate regulatory authority.
E. No person shall place any obstruction or encroachment in a stormwater
facility or drainage easement without prior written authorization
by the municipality.
F. The Borough, its agents and employees shall have the right to enter
easement areas where stormwater management and erosion and sediment
control facilities are located for the purpose of inspecting and,
if necessary, maintaining or repairing, said facilities.
Persons installing stormwater management facilities the purpose of which is to control stormwater runoff for community uses shall be required to pay a specified amount to the Borough for a stormwater maintenance fund to help defray the Borough's costs of periodic inspections. In addition, the Borough may require other stormwater management facilities to pay a specified amount to the stormwater maintenance fund if, in the discretion of the Borough or its engineer or other designated official, such facility exhibits characteristics that pose a threat or potential threat to public health or safety. The amount of the deposit shall be calculated to cover the cost of periodic inspections performed by the Borough for a minimum of 11 years, as estimated by the Borough's engineer. The Borough, at its discretion, may require the amount of the deposit to be calculated for terms exceeding 11 years. After the designated period of time for Borough inspections, inspections shall be performed by the then-current owner of the stormwater management facility at the owner's expense; a copy of these inspection reports are to be sent to the Borough and its engineer on the schedule established by §
195-35.